Wife refuses to testify against suspended officer (VIDEO)

AYER -- The domestic-assault case against suspended Lowell police Sgt. Vincent Fernandez may be dropped after the alleged victim -- his wife -- asserted her privilege not to testify.

Fernandez, 42, of Pepperell, is accused of assaulting his wife and then resisting arrest, allegedly requiring Pepperell police to stun him with a Taser at least three times during the 12:51 a.m. incident in his home on Oct. 9.

He was arrested and charged with assault and battery on a family member and resisting arrest.

In Ayer District Court on Wednesday, Fernandez's wife asserted her marital privilege that allows her not to testify against her husband.

She also asserted her Fifth Amendment right against self incrimination. Fernandez's attorney claims the fight was mutual between husband and wife and involved alcohol.

Prosecutors asked that the case be continued until Nov. 30 to determine if they can proceed with the case without the victim's testimony.

If not, the charge will be dropped, however, that still leaves the resisting arrest charge. If convicted, that charges carries a sentence of up to 2 1/2 years in jail.

Pepperell police allege they responded to the Fernandez home for a 911 hang-up call. The victim met police at the door and allowed officers inside alleging Fernandez hit her in the face. There were visible injuries to the woman's left eye.

The couple's two children were home at the time and one of them made the 911 call.

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One of the children allegedly told police that the parents were yelling, swearing and hitting each other.

While officers were attempting to place Fernandez in custody, he resisted and made verbal threats to officers, police allege. Officers used a Taser at least three times to subdue Fernandez.

As prosecutors decide whether to proceed with the case, Judge Elizabeth Cremens, at the victim's request, lifted a no-contact order. However, until the case is resolved, Fernandez, who is free on personal recognizance, must abstain from alcohol, not abuse the victim and surrender all firearms.

After his arrest, Fernandez was placed on paid administrative leave from his job of 20 years.

Fernandez has twice earned the department's second-highest honor -- the Medal of Valor. In 2008, Fernandez earned the honor for helping to save six people from a burning building on May 16, 2007, and then in 2009 for saving the life of a woman whose son was allegedly prepared to slash her with a meat cleaver.

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